Bank guarantee shall mean an irrevocable commitment of bank to pay a certain amount to beneficiary if the third party (principal under guarantee) fails to fulfill its obligations to beneficiary.

Advantages of guarantees:

• universal and reliable instrument of security of different types of obligations of contracting parties;
• good instrument of trade finance.

The most widespread types of guarantees:

Bid Bond.

When tendering companies-bidders can be requested to provide along with their proposal (bid) also a bid bond that ensures payment of guaranteed amount of money in case if:

• bidder withdraws its bid before its expiration;
• winner of tender refuses to accept placed order (to conclude contract);
• winner of tender does not provide performance bond (in case if granting of such bond is specified in conditions of the tender).

Such guarantees are short-term and to be valid up to signing of contract or granting of performance bond.

Performance Bond.

On the basis of performance bond the bank by seller’s order undertakes to pay specified amount to beneficiary if seller fails to fulfill its contractual obligations as regard to goods delivery (works performance, services rendering) or their fulfillment does not correspond to terms and conditions of the contract.

Period of validity of guarantee must exceed the term of fulfillment of obligations by seller under the contract.

Advance Payment Guarantee.

When dealing with large orders, payment terms in majority of cases provide advance payment. However buyer can agree for its fulfillment only upon receipt of Advance Payment Guarantee that provides for reimbursement of advance payment if seller does not fulfill its obligations to deliver certain goods (perform works, render services) under contract.

Amount of the guarantee is equal to the amount of advance payment. Advance Payment Guarantee, as a rule, shall be granted before advance payment is effected by buyer, though it comes into force only after receipt of advance payment to seller’s account in the agreed amount.

Payment Guarantee.

Purpose of this guarantee is to ensure fulfillment of buyer’s payment obligations towards seller as to payment for delivered goods (performed works, rendered services) within the agreed term.